Decree No. 98/2014/ND-CP dated October 24, 2014 of the Govenrnment providing the establishment of political organizations and socio-political organizations at enterprises of all economic sectors

DECREE

Providing the establishment of political organizations and
socio-political organizations at enterprises of all economic sectors[1]

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 29, 2005 Enterprise Law;

Pursuant to the November 29, 2005 Investment Law;

Pursuant to the June 8, 2012 Labor Code;

Pursuant to the June 20, 2012 Law on Trade Unions;

Pursuant to the November 20, 2012 Cooperative Law;

Pursuant to the November 29, 2005 Youth Law;

Pursuant to the October 18, 2005 Ordinance on War Veterans;

At the proposal of the Minister of Home Affairs,

The Government promulgates the Decree providing the establishment of political organizations and socio-political organizations at enterprises of all economic sectors.

Article 1.Scope of regulation

This Decree provides the establishment of organizations of the Communist Party of Vietnam (below referred to as Party organizations) and socio-political organizations (including Vietnam Trade Union, Ho Chi Minh Communist Youth Union and Vietnam War Veterans’ Association) at enterprises of all economic sectors; and responsibilities of agencies, organizations and enterprises to create conditions for workers who have the demand or wish to establish and join these organizations when the prescribed conditions are fully met.

Article 2.Subjects of application

1. Limited liability companies, joint-stock companies, partnerships and private enterprises, including limited liability companies and joint-stock companies transformed from wholly state-owned enterprises, enterprises of Party organizations and socio-political organizations, and foreign-invested enterprises.

2. Foreign-invested enterprises not re-registered under the Government’s Decree No. 101/2006/ND-CP of September 21, 2006, on re-registration, transformation, and registration for renewal of investment certificates, of foreign-invested enterprises under the Enterprise Law and Investment Law.

3. Cooperatives.

4. Managers and workers at enterprises of the types mentioned in Clauses 1, 2 and 3 of this Article.

The subjects mentioned in Clauses 1, 2 and 3 of this Article are below collectively referred to as enterprises of all economic sectors.

Article 3.Establishment principles and conditions

1. Party and socio-political organizations at enterprises shall operate within the framework of the Constitution and laws, under the Party Statute and statutes of socio-political organizations, and in accordance with law.

2. Party and socio-political organizations shall be established at an enterprise of any economic sector when the number of workers being members of other organizations is sufficient as prescribed by law and the statutes of these organizations.

3. When having the demand or wish, workers at an enterprise may consult the Party committee of the level next higher than the grassroots level and the higher-level socio-political organization about the establishment of Party and socio-political organizations at the enterprise.

4. Enterprises have the obligation to respect, and create favorable conditions for, workers to establish and join the Party and socio-political organizations at the enterprises.

Article 4.Establishment of Party organizations at enterprises

An enterprise that has 3 or more workers being official Party members may establish a Party organization according to the Statute of the Communist Party of Vietnam. The establishment and operation of such Party organization are prescribed as follows:

1. For an enterprise where the Party organization has been established: The Party organization at the enterprise shall review the number of workers being Party members who have stably worked for 12 months or more at the enterprise and currently participate in Party activities at another place, and request the next higher-level Party committee to recommend these workers to participate in Party activities at the enterprise’s Party organization.

2. For an enterprise without a Party organization: The Party committee of the level next higher than the grassroots level in the locality where the enterprise operates shall review whether there are 3 or more workers being official Party members who have stably worked for 12 months or more at the enterprise and currently participate in Party activities at another place, recommend these workers to the Party organization of the level next higher than the grassroots level, and coordinate with the enterprise in carrying out procedures for the establishment of a Party organization at the enterprise.

3. For an enterprise with only 1 or 2 worker(s) being official Party member(s), the Party committee of the level next higher than the grassroots level shall recommend such worker(s) to the Party organization of the level next higher than the grassroots level and decide to establish a combined Party cell or assign a Party member of the Party organization of the level next higher than the grassroots level to participate in Party activities and establish a Party organization at the enterprise. The combined Party cell shall develop Party members at the enterprise and when there are 3 workers being official Party members at the same enterprise, the Party committee of the level next higher than the grassroots level shall decide to establish a Party organization at the enterprise.

4. For an enterprise without a Party member, the Party committee of the level next higher than the grassroots level shall direct the grassroots Party committee in the locality where the enterprise is based to assign a Party committee member or an experienced Party member to coordinate with socio-political organizations at the enterprise in finding potential workers, training them and helping them become Party members and, when the conditions prescribed in the Statute of the Communist Party of Vietnam are fully met, the Party committee of the level next higher than the grassroots level shall decide to establish a Party organization at the enterprise.

Article 5.Establishment of socio-political organizations at enterprises

1. Trade Union organization

a/ A Trade Union organization shall be established at an enterprise where there are 5 or more Trade Union members or where workers make applications to volunteer to join the Vietnam Trade Union and the conditions for establishment of a Trade Union organization prescribed in the Law on Trade Unions and the Statute of the Vietnam Trade Union are fully met.

b/ Within six months after an enterprise is established and commences operation, the local Trade Union organization, the sectoral Trade Union organization or the Trade Union organization of the industrial park or export processing zone shall coordinate with the enterprise in establishing a Trade Union organization in accordance with the Labor Code, the Law on Trade Unions and the Statute of the Vietnam Trade Union to represent and protect lawful and legitimate rights and interests of workers and collectives of workers.

c/ Past the time limit prescribed at Point b, Clause 1 of this Article, if the enterprise fails to establish a Trade Union organization, the higher-level Trade Union organization may designate a provisional Trade Union Executive Committee of the enterprise to represent and protect lawful and legitimate rights and interests of workers and collectives of workers.

2. Youth Union organization and War Veterans organization

a/ For an enterprise where a Party organization has been established, the Youth Union and War Veterans organizations of the level higher than the grassroots level shall, together with the Party organization at the enterprise, based on the practical conditions of each enterprise defined in Article 2 of this Decree, coordinate with the enterprise in establishing Youth Union and War Veterans organizations at the enterprise.

b/ For an enterprise where no Party organization has been established, pursuant to law, the Youth Law, the Ordinance on War Veterans and the Statutes of the Vietnam Youth Union and Vietnam War Veterans Association, and where workers have the demand or wish to establish such organizations, the Party organization of the level next higher than the grassroots level shall coordinate with the enterprise and the Youth Union and War Veterans organizations of the level next higher than the grassroots level in considering and deciding to establish such organizations as suitable to each enterprise defined in Article 2 of this Decree.

Article 6.Responsibilities of state management agencies

1. State management agencies shall assist, coordinate with, and create conditions for, enterprises to establish Party and socio-political organizations at the enterprises in accordance with law; and regularly examine and urge the implementation of this Decree.

2. Enterprises’ expenses as support for the operation of Party and socio-political organizations shall be regarded as deductible expenses upon determination of enterprise income tax-liable incomes in accordance with law.

Article 7.Responsibilities of Party and socio-political organizations

The higher-level Party organization and socio-political organizations in the locality where an enterprise is based shall:

1. Guide and assist the enterprise where no Party and socio-political organizations have been established in carrying out procedures for establishment of these organizations when the conditions prescribed by law and the statutes of these organizations are fully met.

2. Examine and urge the establishment of Party and socio-political organizations at the enterprise to represent and protect lawful and legitimate rights and interests of workers, contributing to the sustainable development of the enterprise.

Article 8.Responsibilities of enterprises

An enterprise shall coordinate with state management agencies and the higher-level Party and socio-political organizations in the locality where the enterprise is based in:

1. Respecting, creating conditions for, and guaranteeing the rights of workers to establish Party and socio-political organizations at the enterprise in accordance with law and the statutes of these organizations.

2. Coordinating with and creating favorable conditions for the higher-level Party and socio-political organizations to disseminate information to and guide workers to participate in establishing organizations suitable to the enterprise’s operation and development conditions.

3. Creating favorable conditions for and coordinating with the Party and socio-political organizations already established at the enterprise in promptly addressing matters related to the lawful and legitimate rights, obligations and interests of workers.

Article 9.Organization of implementation

1. Based on the principles and conditions prescribed in Article 3, 4 and 5 of this Decree, agencies, organizations, enterprises and workers shall coordinate with one another in establishing Party and socio-political organizations at enterprises of all economic sectors.

2. For private enterprises and foreign-invested enterprises that meet difficulties in establishing Party and socio-political organizations, from 2014 to 2016, the Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with other ministries, departments, sectors and mass organizations at central and local levels and related agencies in, establishing on a pilot basis Party and socio-political organizations at these enterprises in a number of provinces and centrally run cities, then review and assess implementation results and draw experiences for implementation nationwide.

3. Annually, provincial-level People’s Committees shall work with Party and socio-political organizations of the same levels to review and assess the establishment of Party and socio-political organizations at enterprises in the provinces; report to competent agencies on matters arising in the establishment of Party and socio-political organizations at enterprises of all economic sectors.

4. The Ministry of Finance shall guide the implementation of Clause 2, Article 6 of this Decree.

5. Before November 15 every year, provincial-level People’s Committees shall report on the establishment of Party and socio-political organizations at enterprises of all economic sectors to the Ministry of Home Affairs for summarization and reporting to the Prime Minister. The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Party Central Committee’s Organization Commission in, working with the Party Committee of Central Enterprises and central socio-political organizations to assess the establishment of Party and socio-political organizations at enterprises of all economic sectors, and promptly propose solutions to arising matters.

6. After 5 years’ implementation of this Decree, the Government shall review and assess implementation results.

Article 10.Effect

This Decree takes effect on December 10, 2014.

Article 21.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies, organizations, units and enterprises shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG